Victory in 2nd Circuit
Court of Appeals Determines that Pharmaceutical Representatives are Entitled to Overtime
If you worked as a Pharmaceutical “Sales” Representative* in the last several years and were not paid additional compensation for overtime work, you must act quickly to preserve your ability to recover overtime compensation. The Second Circuit Court of Appeals recently determined that Reps are entitled to overtime. The court in New York specifically struck down the industry’s arguments under the sales and administrative exemptions.
WE CAN HELP
We have attorneys who have investigated pharmaceutical companies’ practices and brought lawsuits alleging that pharmaceutical companies have systematically failed to pay overtime to its “sales” reps because they erroneously classified them as exempt from overtime.
If you are a Pharmaceutical “Sales” Rep who has worked more than 40 hours per week at any point in the last several years, we would like to talk to you. Please contact us by filling out the form at the bottom of the page. Alternatively, if you would like a confidential consultation with an attorney at no charge, you can contact us: Joseph, Herzfeld, Hester & Kirschenbaum, 757 Third Avenue, 25th Floor, New York, New York 10017, (866) 348-7394, or Kingsley & Kingsley, City National Bank Building, Suite 1200, 16133 Ventura Boulevard, Encino, California 91436, (888) 500-8469.
See our blog for recent updates.
Please be aware that the transmission of an e-mail inquiry itself does not mean that we have agreed to become your attorneys. We will not serve as your counsel unless and until there is written agreement as to the terms of the representation.
Any response is not intended to constitute legal advice. We will not have an attorney-client relationship with you unless and until we notify you in your writing that you are a class member or that we otherwise represent you. We are admitted to practice only in the following states: New York. California.
DISCLAIMER
Kingsley & Kingsley, APC and Joseph & Herzfeld, LLP do not offer any guarantee of results. Prior results do not guarantee a similar outcome. Kingsley & Kingsley is a California firm with attorneys admitted only in California. Joseph & Herzfeldis a New York firm withattorneys admitted only in New York and New Jersey. By affiliating with local counsel, we bring claims throughout the country.
RECENT LAWSUITS ALLEGING UNPAID OVERTIME
Current and former Pharmaceutical Representatives are initiating individual and class action lawsuits alleging that they are entitled to overtime compensation because their employers improperly classified them as exempt under the Fair Labor Standards Act (FLSA) and similar state laws. Under the FLSA, non-exempt employees are entitled to overtime compensation for hours worked in excess of 40 hours per week, even if they are paid guaranteed salaries.
YOUR RIGHTS
If you are a current or former pharmaceutical company employee who promoted pharmaceutical products to doctors, you may be entitled to payment for past and future overtime.
Pharmaceutical “Sales” Representatives are frequently misclassified as exempt from FLSA’s overtime requirements by their employers based on the “outside sales” exemption and/or the “administrative” exemption. The fact that you are salaried and deemed exempt by your employer has little bearing on whether you are in fact exempt. The largest recoveries in the overtime field are for salaried employees that have been misclassified.
We believe that the “outside sales” and “administrative” overtime exemptions do not apply to Pharmaceutical Reps.
WHAT YOU MAY BE OWED
Federal Law mandates that as a penalty, employers who willfully fail to pay their employees overtime must pay an amount equal to twice what should have been paid. Many states have their own overtime rules, often more protective of employees’ rights than the federal rules.
Various state laws, including New York, California, New Jersey, Illinois, Pennsylvania, and many others, provide that you should be paid overtime for work performed in excess of 40 hours per week. In addition, in California you are entitled to additional wages for missed meal breaks and former employees can receive a 30 day waiting time penalty for unpaid wages. In New York, a six year statute of limitations (the deadline imposed by law within which you may bring a lawsuit) applies. In California, a four year statute of limitations applies. However, if you are no longer employed at the company, each day that passes may limit your damages.
IT MAY WELL BE IN YOUR INTEREST TO ACT NOW
Using their experience in wage and hour law, we have attorneys who can determine whether and what you are owed for your overtime.
Please be aware that the statute of limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time for you to file any potential claims. It is in your best interest to contact us as soon as possible.
Because the attorneys work on a contingency fee, you will not be charged anything for a consultation, for our legal advice or for joining the lawsuit. You will not pay any legal fees. In class action suits like these, the attorneys fees are paid if and when we reach a successful settlement. The precise terms of the engagement will be determined by the ethical rules of the appropriate jurisdiction.
If you have a lawyer, you should check with him or her. If you don’t, you may contact us to determine if we can advise you. We are not giving legal advice and this is not intended to provide legal advice to any individual. Any individual requiring legal advice who has an attorney should consult their own attorney first. Any individual needing an attorney may contact us at the above address, but no attorney-client relationship will be formed until we have a signed retainer agreement.
